In reply to A newbie all over again! by Annec
In reply to A newbie all over again! by Annec
[QUOTE=red tulip]i am planning to buy a property in italy ,in my sole name,even though i am happily married.the reason for this decision is that my husband is incredibly busy with work and other things and we want to avoid him having to come to italy and sign documents.it has been suggested that as we are married he will have to disclaim any right to the property by being present at completion and initialling the documents.is this correct.we are not planning to become italian residents.thankyou for any advice you can offer[/QUOTE]
you have to consider english law, bacause if you are both uk citizens your prchase, even if in italy, is under the uk rules about purchases during the marriage
sothe poin is: in england your housband would become joint owner of the even if he did not sign the contract?
ifthe answer is no you have no problem.
if the answer is yes, he have to sign that he doesn't want the joint ownwership
In reply to A newbie all over again! by Annec
Wouldn't be easier for your husband to sign a Power of Attorney in your favour in the Uk before a Public Notary and you to sign the documents on his behalf?!
In reply to A newbie all over again! by Annec
I've just checked that in England seems to be no joint ownership for purchases during marriage.
If my information is correct (any solicitor on the forum, Robert may be?) you can buy your house in Italy all alone, without any kind of declaration from your housband.
Of course, it means that you'll be the sole owner and you'll be allowed to sell it without permissions from your spounse.
Seems to depend on your notaio. We actually own two properties in Italy and it was actually the notaio who advised we should have one in each of our names. therefore can not see that it should be a problem. There was a notaio posting fairly frequently on this forum, so maybe he will read your posting and be able to offer advice.